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DURHAM v. HORNER

No. 11-1022.

690 F.3d 183 (2012)

Michael Dwayne DURHAM, Plaintiff-Appellant, v. David L. HORNER, Wise County Sheriff's Deputy and Member of the Regional Drug Task Force, individually, and in his official capacity as a Wise County Sheriff's Deputy and Regional Drug Task Force Member, Defendant-Appellee, and John Does, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: August 8, 2012.

Attorney(s) appearing for the Case

Charles Adam Kinser , Montgomery Kinser Law Offices, Jonesville, Virginia, for Appellant. Henry Keuling-Stout , Keuling-Stout, PC, Big Stone Gap, Virginia, for Appellee.

Affirmed by published opinion. Judge KING wrote the opinion, in which Chief Judge TRAXLER joined. Judge WYNN wrote a dissenting opinion.

OPINION

KING, Circuit Judge:

In a case of mistaken identity, Michael Dwayne Durham was charged and jailed in southwest Virginia for more than three months before the prosecutor realized and rectified the error. As a result, Durham initiated this civil action in the Western District of Virginia against, inter alia, officer David L. Horner, alleging a Fourth Amendment claim under 42 U.S.C. § 1983, plus a state law claim for malicious prosecution.

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